2 My wife and I would like to express our thanks to you for the efficient and courteous way you have handled my claim. At a difficult time in our lives, you have made the whole procedure go very smoothly and for that we are tremendously grateful. We did not imagine that the claim would be settled so swiftly and hope my health will allow me a little more time to enjoy my family. Alan This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions. Asbestos Brochure V2.indd 2 25/04/ :08

3 Contents Introduction Why use Irwin Mitchell? How can we help? Isn t lung cancer caused by smoking? When can I claim? How much does it cost? How much compensation will I get? What happens when I claim? What if the claimant is deceased? What else can we help you with? Useful contacts Asbestos Brochure V2.indd 3 25/04/ :08

4 Introduction We understand asbestos related lung cancer. With years of experience working with fellow sufferers and their families, we appreciate what you are going through and know exactly what needs to be done to help you get the compensation you deserve. I just want to thank you for all your support and patience in dealing with the complexities of my claim your positive approach and reassurance kept me going at the times when I just felt like running away from it all I am sure others are now benefitting from your expertise and caring manner. Marianne Asbestos Brochure V2.indd 4 25/04/ :08

5 5 Many people suffer lung cancer as a result of smoking whilst others may be genetically susceptible to the disease. However, some people develop it because of exposure to asbestos, which causes several other types of lung disease including asbestosis and pleural mesothelioma. If you have been diagnosed with lung cancer and have ever been exposed to asbestos, through your work, you may be able to make a claim for compensation. Of course, money will not cure you of lung cancer but compensation can pay for the best medical care and help for you and your loved ones during a difficult time. If you have had to give up work, for example, you and your family might need financial support to pay the bills. Ultimately, if someone has allowed you to be exposed to a hazardous substance that has caused cancer, we will fight your case for compensation to reflect the amount of pain and suffering that you may experience. Above all, we put you first. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 5 25/04/ :08

6 Why use Irwin Mitchell? Irwin Mitchell is one of the largest and most experienced personal injury law firms in the country. Our reputation for helping asbestos related lung cancer sufferers and their families is second to none and every year we recover millions of pounds of compensation for people diagnosed with the disease. Asbestos Brochure V2.indd 6 25/04/ :08

7 7 Employing many of the country s finest personal injury lawyers, our highly specialised team combines powerful legal arguments with care and consideration to ensure the best possible outcome for you. Our friendly professional service includes: An early investigation of who is to blame for your injuries Early compensation payments where possible to pay for private healthcare, rehabilitation and bills if you can t work Expert advice on state benefits, employment rights and other financial issues Help if you need it from solicitors in our other departments such as financial planning, personal injury trusts, wills advice and power of attorney. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 7 25/04/ :08

8 How can we help? Seeing the effects of asbestos related lung cancer first hand has led us to campaign for research to improve the quality of treatment available to victims of the disease. Asbestos Brochure V2.indd 8 25/04/ :08

9 9 Our activity includes: Actively supporting the establishment of a National Research Centre for Asbestos Related Diseases, which would create a much needed network for new and existing research groups around the UK and Ireland and allow them to work closely together as a virtual centre. Campaigning alongside the Asbestos Victims Support Groups Forum UK and the medical profession for new and improved treatments to be made available on the NHS. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 9 25/04/ :08

10 Isn t lung cancer caused by smoking? Inhalation of tobacco smoke and exposure to asbestos can cause all types of lung cancer but doctors cannot determine which is the predominant cause. We just wanted to say thank you. We will never be able to repay you or express how grateful we are to you for all the support and help. There would have been no one in the world that we would have had in preference to you to act for us. John Asbestos Brochure V2.indd 10 25/04/ :08

11 11 Around 90% of lung cancers are thought to be attributable to smoking. Although it is widely accepted that exposure to asbestos may cause lung cancer, in many cases the possibility that asbestos exposure may have contributed to the development of the condition is not explored. Multiplying effect What we can say with more certainty is that for smokers who have been significantly exposed to asbestos, the risk of developing lung cancer is increased dramatically. A study of American insulation workers showed that, compared to a non-smoker who was not exposed to asbestos, the risks of developing lung cancer were increased over 5 times by exposure to asbestos; over 10 times by smoking and over 50 times by smoking and exposure to asbestos combined. Of course, the results of this study cannot be applied precisely to other situations or workers in other industries. Nonetheless, they graphically illustrate how the risks of developing lung cancer are significantly increased by smoking and asbestos exposure. If you are suffering from lung cancer and have been in contact with asbestos at some point in your life, contact one of our friendly professional solicitors today the sooner you get in touch, the sooner we ll be able to tell if you have a claim. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 11 25/04/ :08

12 When can I claim? Unlike with mesothelioma, you have to be able to demonstrate significant and prolonged exposure to asbestos to claim successfully for asbestos-related lung cancer. Establishing a link Medical experts believe that evidence of the following would be enough to establish that the exposure to asbestos had contributed to the risk of developing lung cancer, providing that in each case there was at least a 10- year time lag between such exposure and development of the cancer: Fibrosis of the lung(s) 1 year s very heavy exposure through spraying, insulation or demolition 5-10 years moderate exposure. Asbestos Brochure V2.indd 12 25/04/ :08

13 13 Time limits The time limit for claims is three years from the date you first suspected that your lung cancer may have been caused by exposure to asbestos. If the person you are claiming on behalf of has already died within that three-year period, the time limit is usually three years from the date of their death. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 13 25/04/ :08

14 How much will it cost? Don t worry about legal costs. Contacting us for initial advice on your claim will cost you nothing even our phone number is free to call. If we advise you to pursue a claim with us, we will review all the options for funding it. Options for Funding your Claim There are a number of ways in which you could fund your case. These include: Conditional Fee Agreement, commonly known as a No Win No Fee agreement. Legal Expenses Insurance as part of your household or car insurance you may have legal expenses cover to help with any legal costs Trade Union if you are a member of a trade union they may provide assistance for some legal issues. If you do not have access to legal expenses insurance or trade union assistance, your best option is to consider a No Win No Fee agreement. Even if you do have access to other funding options, a No Win No Fee agreement may still be the best option for you. When we discuss your claim in more detail we will tell you if the No Win No Fee option is available or if we need to look at the other funding options above. * Subject to entering into a No Win No Fee agreement in conjunction with our insurance policy and complying with your responsibilities under its terms. Asbestos Brochure V2.indd 14 25/04/ :08

15 15 How a No Win No Fee agreement can work for you If after reviewing all of the funding options with you and we recommend that our No Win No Fee agreement in combination with an insurance policy designed to protect you is your best option, you can be reassured that there is no financial risk to you if you are unsuccessful*. We will do everything we can to protect and support you to proceed with your claim and we will keep you updated at all times. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 15 25/04/ :08

16 How much compensation will I get? The amount of compensation you receive will depend on your circumstances. Individually assessed We will advise you at the outset on how courts approach the assessment of compensation and how that will apply to your case. However, it is important to bear in mind that everyone is different and the consequences of asbestosrelated lung cancer vary from person to person so the trial judge will assess your claim and compensation award based on what he or she finds out about your situation. However, most cases settle out of court by agreement. Reduction in compensation for smokers If you are a smoker, your compensation will be reduced because you will be judged to have contributed towards developing the disease yourself. In recent cases, the High Court has reduced the award of compensation by 15%- 20%. Asbestos Brochure V2.indd 16 25/04/ :08

17 17 Industrial Injuries Disablement Benefit If you have lung cancer and have been exposed to asbestos at work, you may also be eligible to claim Industrial Injuries Disablement Benefit from the government. To qualify for this you need to have lung cancer and asbestosis or lung cancer and a history of working in: The manufacture of asbestos textiles Spraying asbestos Asbestos insulation work Shipbuilding for 5 years pre-1975 or 10 years post Irwin Mitchell can assist you and your family with all benefit applications, which should be made as soon as a diagnosis is suspected. Keeping you informed As we learn more about you and your circumstances, we will be able to provide you with a more accurate idea of the financial value of your claim. You can be assured that we will do everything we can to recover the maximum amount of compensation available to you. We will also advise on the best payment terms to suit your immediate and ongoing needs. As well as securing financial compensation, we will help you and your family with the practical issues and the day to day impact of your injury. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 17 25/04/ :08

18 What happens when I claim? Once you have instructed us to claim on your behalf, we will investigate your case thoroughly by gathering witness statements and other relevant details about your illness and ongoing requirements. Thank you for managing my father s claim so quickly and efficiently. The whole process was carried out with total professionalism resulting in a stress-free time for him, for which I am truly grateful. Now I can ensure he gets the best care for the rest of his life and I will never forget your part in making that possible. Thank you so much. Jill Asbestos Brochure V2.indd 18 25/04/ :08

19 19 Insurance Once we have all the details of your case, a claim will be made against the relevant person or company, who usually have insurance cover. We will then wait for a response from the insurance company you are claiming against. This can go one of two ways - either they decide to meet your claim or they do not. Don t worry if an insurance company turns down your claim at first as this often happens - it does not mean that your claim will fail. What if the company no longer exists? If your claim is against a former employer and they no longer exist, it may still be possible to pursue compensation by tracing the insurer of the company. We have fought for many clients on this basis and have secured compensation for them. In cases where the company no longer exists and it is not possible to trace the insurers, it may still be possible to obtain compensation under a government no fault scheme designed for such cases. Out of court The vast majority of cases are settled before they go to court. However, if your case is one of the few that is to be decided by a trial judge, don t worry: it s perfectly normal and we ll be there to help you every step of the way. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 19 25/04/ :08

20 What if the claimant is deceased? If someone has died from asbestos-related lung cancer, it may still be possible to make a claim on behalf of their estate or dependants. Asbestos Brochure V2.indd 20 25/04/ :08

21 21 When someone dies from asbestos-related lung cancer, their executor the person appointed to carry out the wishes set down in their will can bring a claim for compensation against the person or company suspected to have contributed towards causing the disease. If the person died intestate [without making a will], the administrator dealing with the deceased s estate can also bring a claim. Dependants Dependants such as husbands, wives, partners or children of someone who has died from asbestos-related lung cancer can also make a claim for compensation via the administrator or executor of the will. Irwin Mitchell is hugely experienced in this area of law and would be pleased to help if you think you may have a claim under these circumstances. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 21 25/04/ :08

22 What else can we help you with? We don t just specialise in asbestos related lung cancer claims. Irwin Mitchell has dedicated teams working in all areas of personal legal services, enabling us to deliver quick and efficient legal advice on anything from settling family disputes and wills or buying a house. Our ability to offer clients a wide range of such specialism under one roof is one of the key benefits of our services. Asbestos Brochure V2.indd 22 25/04/ :08

23 23 Our friendly professional staff give straightforward honest advice in all areas of personal legal services including: Divorce, children and family matters Buying or selling a house Wills, trust and probate services Personal injury or illness Questioning social, education and health care provision Support on making decisions about personal welfare and healthcare matters and how the Court of Protection can assist Employment difficulties Financial Planning including tax and trusts Planning or environmental decisions. Whatever your legal issue our specialist staff will be pleased to help you sort it out all you need to do is pick up the phone and give us a call. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back Asbestos Brochure V2.indd 23 25/04/ :09

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